Viewing 14 posts - 1 through 14 (of 14 total)
  • Legal stance on receiving damaged goods?
  • ads-b
    Free Member

    I ordered some paving slabs for my patio and when the crate turned up it had collapsed and some of the slabs were broken.

    I photographed the damage, emailed them immediately and recorded on the delivery note the damage.

    I'm no lawyer, but am fairly sure goods have to be delivered intact regardless.

    I emailed and asked for a refund on the damaged goods. They have come back and said:

    Our website specifies that a limited number of damages should be expected in any batch of stone. Unfortunately we are unable to organise a refund for a limited number of damages. Any order should included 10% extra for waste, cuts and damages.

    Now I want to respond in a fairly stern but correct manner. What is the legal stance here? Can anyone shed some light on consumer rights and give me some legal blurb to fire back?

    Ta

    scud
    Free Member

    I'm no legal expert but check this website out mate.

    http://www.consumerdirect.gov.uk/

    I would have thought that if you are paying per slab or per unit of weight, then they have an obligation to provide the amount you paid for.

    robdob
    Free Member

    When you say "some" slabs were broken can you be more specific? ie 20 out of 100 ??
    Also what store are they from and what kind of slabs were they?

    If you pay for 100 slabs you should get 100 perfect ones. The 10% they are referrig to you should always add just in case YOU break one, or wastage from cuts when installing. Very poor service IMHO.

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    DickBarton
    Full Member

    Send the broken slabs back but make sure the postage is just short of the actual amount – they then need to go and pay the difference plus a handling fee AND go to the Post Office to collect…

    For a serious answer, although they think you should order 10% more if it doesn't say that on their website then they can't really use it as a reason…if you paid for 100 slabs then you should have 100 slabs…

    ads-b
    Free Member

    They are definately trying it on. 3 out of 33 broken. Slate slabs. Nustone.

    Very cheap slabs and everything else about them is fine.

    ads-b
    Free Member

    It sort of says that on their website:

    Whilst we do our utmost to ensure your goods arrive in perfect condition, if you should find any problem with your order, please sign for the goods as damaged and contact our customer services team by email or phone within 24 hours of receiving your order. When ordering your materials it is important to allow 10% extra for cuts, waste and a small number of potential breakages, usually between 1-5%. You have 48 hours from the date of delivery in which to report any missing or damaged items and we ask you to follow up your initial contact in writing with photos by way of an email to info@nustone.co.uk.

    But I read it meaning I should allow me damaging 10%, not them! Otherwise I should allow 10% for their damages, and 10% for mine.

    the-muffin-man
    Full Member

    Are those 3 completely unusable?

    It would be very unusual not to have to cut a few slabs when laying a patio.

    RichPenny
    Free Member

    Clearly taking the piss, it's their responsibility to deliver what you've ordered and paid for, wich is 33 useable pieces. Otherwise they could deliver a big pile of chippings…

    ads-b
    Free Member

    My thoughts exactly Rich. I dont think it matters what you tell someone you will do in your T&C, they will never be able to contradict your statutory rights. But, I am guessing.

    Slabs broke in half, and not nicely down the middle (diagonally).

    angeldust
    Free Member

    ads-b, slight tangent but what do you think of the quality of the slate from Nustone (and whcih colour did you get)? I was thinking of ordering either the Rustic-copper or blue-black. Price is very good, but I wasn't convinced by the sample (rustic-copper)they sent me at all – chalky texture and dull colured. Might just have been a bad choice of sample as colours/textures do seem to vary massively amongst a crate from the other (more expensive)companys I've seen.

    As for breakages, I would always order at least 10% more than I needed, but I would expect the brakages to occur from my insallation rather than them being delivered like that. If they were small pieces and I I had enough extra I would just live with it. Might be a different story if they were the big slabs and I didn't have enough. Could you use the broken pieces where you nned to cut slabs? Nustone must be working on small margins.

    ads-b
    Free Member

    I dont need the slabs at all, as have way more than enough. If its any use to you, I have 14 intact spares (600×900) blue-black that I was going to put on ebay. But working out £10 per slab I'm not going to let £30 worth turn up broken before I get to use them.

    The slabs seem great. Uniform thickness within reason, nice riven surface, even colour (but I think the copper is supposed to be a bit more patterned). It is a natural product, so am not being overly picky.

    angeldust
    Free Member

    Where are you based?

    konabunny
    Free Member

    I only vaguely remember this from doing contracts but I think it might be possible in principle to deliver more/less than the exact contracted amount IF that variation is reasonable/industry standard.

    Case I remember was with a shipment of coal for 10 tonnes (or something) and the buyer couldn't whine if it was 9.75 tonnes because a 10% variation was reasonable/industry standard or something.

    But having said that, I barely remember this, I'm not a lawyer and that common law rule might well have been changed by consumer goods statute (if it ever even existed outside my tiny little mind).

    ads-b
    Free Member

    Angledust- Am in St Albans. Might be able to get some photos of the patio if you wanted to see what they look like. Send me an email and will reply.

Viewing 14 posts - 1 through 14 (of 14 total)

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